Southern Africa Chief Justices’ Forum condemn Mutharika over Malawi Judiciary attacks
Southern Africa Chief Justices Forum has added its voice in condemning President Peter Mutharika for criticising the Judiciary following the nullification of the May 21 2019 presidential election results and the the Executive’s move to force Chief Justice Andrew Nyirenda proceed on leave pending retirement.
Chief Secretary in the Office of the President and Cabinet Lloyd Muhara —a judge of the High Court on secondment to the Executive— issued a public notice dated June 12 2020 that the Chief Justice should proceed on leave to clear his days pending retirement and that his replacement would be appointed in due course.
Similar notice has been issued in relation ti Justice of Appeal, Edward Twea.
Ironically, Nyirenda and Twea are due to retire in December 2021 and April 2021 respectively.
But in a statement dated June 15 2020, Southern Africa Chief Justices Forum, a grouping of chief justices and equivalent judicial leaders from Southern African countries, says it is deeply concerned about the recent developments in Malawi which appear to undermine the independence of the judiciary and individual judges.
“We have also become aware that as part of the State of the Nation address earlier this month, President Mutharika declared that Parliament was ‘more supreme’ than the courts.
“This is simply incorrect. The Constitution is Malawi’s supreme law, and it provides for three separate though mutually interdependent arms of government. Under the Constitution, the independence of the judiciary, to apply the law impartially, is expressly guaranteed,” reads the statement c-signed by Chief Justice of Zambia Ireen Mambilima, Chief Justice of Nambia Peter Shivute, Chief Justice of Seychelles Dr Mathilda Tworney and Chief Justice of Tanzanua Prof Ibrahim Juma.
The Chief Justices Forum expresses concerns that the governmnt’s notices and the purported placement of the Chief Justice and Justice Twea on leave pending retirement, is an attempt to interfere with the independence of the judiciary in Malawi.
“This is in violation of Malawi’s domestic and international obligation to respect the independence of the judiciary.
“Section 103 (1) of the Constitution of Malawi clearly states that the judiciary must be allowed to function independently. Article 26 of the African Charter on Human and Peoples’ Rights affirms that ‘States Parties to the present Charter have the duty to guarantee the independence of the courts.’”
The Forum states that the United Nations Basic Principles on the Independence of the Judiciary, states that the independence of the judiciary ‘shall be guaranteed by the State’, and that ‘(I)t is the duty of all Government and other institutions to respect and observe the independence of the judiciary.’
“The Executive efforts to place judges on involuntary leave pending their retirement is ultra vires the Executive powers, violates the constitution, the security of tenure of the judiciary and separation of powers.
“We wish to remind the Government of Malawi that respecting judicial independence is not a cloistered virtue. It must be seen to be practiced in order to ensure the confidence of the people in the judiciary,” reads the statement.
The Chief Justices reiterate that the decision for a judge to go on leave pending retirement should be made voluntarily by the concerned judge, in consultation with the Judicial Service Commission.
“It is the Chief Justice and or the Judiciary who if they wish must communicate to the public such decision.”
The Forum has since asked the Chief Secretary to withdraw his public notice forcing the Chief Justice and Justice Twea to immediately proceed on leave pending retirement and make an appropriate public announcement about such retraction.
Commonwealth Magistrates and Judges Association (CMJA), Commonwealth Legal Education Association (Clea), Commonwealth Lawyers Association (CLA) and the Rechters voor Rechters (Judges for Judges), also expressed concern over Mutharika’s remarks towards the Judiciary.
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Judges think they are gods. they are the most corrupt people and they take too many bribes. Not only that but they overcharge people with a clear conscience. They shy from any critisism because they think nobody should critisize them. Let me say this, the corruption among judges is worse that the corruption in the goverment. Go and file a case in the courts, you will know what am talking about.
Marumbo tell your gogo at 80yrs to retire from active politics first, Marumbo ndiwe mbuli ngati Munthalika.
Munthalika and Muhara should be arrested soon new leaders comes in.
Do not worry about APM his is going to Hague International Criminal Court for retirement before the end of this year.
This is an internal problem that dont need foreign involvement. No Jugde in Malawi has been arrested, killed or illtreated, why should foreign people be involved with our internal quarrels. What ever Mutharika has said he was expressing his opinion on the Judgements which is a democratic right, he did not refuse to abide he was simply complaining about the bias being practiced by our Judges. Mutharika as a Citizen feels that he is being delibertly
victimised by the judicial, so there is no sin in complaining against Judgement. The issue of going on leave in a Labour issue, how on earth can a person accumulate over 500days of leave and how does he want the issue of his leave days to be sorted out? and you call that a human right issue?. I choose to differ with this grouping, simply they have been dictated into what to say, there is no merit in attacking a sitting head of State by the so called biased chief justices basing on one sided story. Its unfortunate that these people are joining the Malawi Politics which is not correct. Compromised people are trying to demonise a very democratic and a simple President who hardly illtreats or do bad things to the people. Please treat us as a foreign state and dont interfere with our domestic quarrels
Paibenso UMBUI NGATI ULI PAMWAPA.
Marumbo ndiwe chitsiru
Only corrupt people insists staying on their position when their time is up. This is an arrangement for the greater conspiracy thatChakwera and Chilima and the judiciary have worked out. Muntharika should know that these people have ganged up against him and Nyirenda will stay put at the judiciary so that he should be dismissing every applications that the DPP might bring to court.
Mr. Mutharika. .. (he is still thinking of ‘hiding the dead body of his brother Mr bingu Mutharika and taking the corpse to Johannesburg) (only that ‘he’ is the corpse.)
Here we go again. Drama, drama, drama.
This old, bigoted and homosexual president we call nutty professor APM, is just scandalous and out of order.
He really is not a consummate professional, and the professor of law, is certainly not a befitting title for him.
Mutharika must fall, and him too much be forced to retire pending execution.
Mmalankhula chani mmene Jane Ansa the useless and incompetent Judge refused to step down muonaso nyekhwete mmayesa cha. Nyirenda and Twea remains in the office until 2021
Cadet iwe are you not aware that the employer of Nyirenda is the Malawi nation (Malawians) and not Peter!! Kodi pumbwa wanuyi anamulembela ntchito Nyiremda liti ndipo kuti and anamulemba ngati ndani? Don’t bring the dictatorial tendencies of your bakha wanuyo on the judiciary!! apm is a dictator and has assumed more powers on himself encouraged by idiots like you “Marumbo”! Zonsezi ubwino wake tikuthana nazo pa 23 panooooooooooooo ngati mwamukondetsetsa peter wanuyo mumupatse zina zochita kwanuko ife ayi
Pano nde mwafuna international voice poti zakuthinani. Weren’t you the same people refusing international observers. You chased away Sadc and other organisations report. Zitsilu inu eti. This mbuzi judge will go. One way or another. The line has been drawn. Nyekhwe basi. Amathawa holiday chifukwa chani mpaka 520 days?? Kalipo
Nyirenda mukumukakamiza muofesi
Mukufuna mutaninaye
Munthu akapume
Nayenso Mtharika,akadzamaliza zaka zamuofesi (10)
Adzakapuma
Bwana APM mwatani kwenikweni kapena tinene kuti mwapepetulidwa chifukwa akanakhala kuti ndi Atcheya akupanga izi tikanamvesa kuti zamalamulo iwo ndi nje koma inu okuti ndiye kudya kwanu kumapezeka mukupanga chonchi ayi ndithu ndizochitisa manyazi ku dziko la Malawi kuphatikizanso ma university / colleges omwe mwakhala mukuphunzisa za malamulo.
Prof, mwaputa olakwika
Very shameful behaviour. Goes to show APM does not respect the people of Malawi.
To quote Chinua Achebe “It is more difficult and more bitter when a man fails alone”. Look at the condemnation surrounding you, in Malawi and internationally.
Mutharika is clearly suffering from dementia, why else would a so called Law Professor allow such silly acts to add more ndowe on his legacy?
To hell with your regime change judges. Nyirenda must go for holiday period!!!
Kodi akukaniranji kutuluka mu office when the employer says his leave days are due?
The first to go should be Jane Ansah who is retiring in October 2020 not someone who must retire in 2021. Jane Ansah has entered history books as the Judge who stole elections and led her country to destruction. I wonder why APM is refusing to retire when his employers are saying he must go? Who is his employer and to whom does he report? Do you know that he is the head of the Judiciary which is one of the three arms of the government? APM he is destroying his legacy. He will be remembered as the worst president Malawi has ever had. No development during his era. He must go and rest. Azikalera adzukulu basi akula madala
Verily, verily, I say unto you, Mutharika will go on leave before Justice Nyirenda does. Fact!
My employee Marumbo, which employer? Just a quick dose of your own medicine!
Judges do not report to the president .They are another arm of Government. In short the executive is not the boss of judges.Understand the term “Separation of powers’ man
Marumbo walila mokweza🤣🤣🤣🤣 mukazaphunzira mokwanila, kumagwila ntchito za mu office ya bwino bwino….osati mu minda ya anthumu muzazimvesa……….izi ndi za anthu opita ku sukulu bwino bwino.
Nyirenda’s employer is the judiciary service commission, not HE. This is throwing reasoning to the dogs!!!
Umbuli opose apa. Executive (Mutharika) does not have the mandate to dictate to Judiciary(Nyirenda). Your professor continues to show his ignorance. Maphunzilo obela, ma doctrate odziveka.
I think Malawi is undergoing a cleansing process. A perfect nation will emerge after all these squabbles. Parliament needs cleansing. Judiciary needs cleansing. Executive needs cleansing. Long live Malawi!
You Southern African chief justices, please talk to your friend Andrew Nyirenda he doesn’t want to go on leave he likes working too much. We want to see his posts on social media that he is in a brief and sunbathing at Nkopola. Chimidzi chanji abale chothawa holiday?????? Your friends at European level go on safari from time to time, but these african judges sleep in office doing nothing. Just waiting to sign vouchers, they do not even read anything. take a holiday and do some volunteering osangoti daily ku office!
Muwauze madala aja kuti anzao ma Europeans amachita retire nthawi ikakwana. Osati kumachita kuyendera ndodo kupita pa sanja. Munthu wakalamba bwinobwino koma osalora kupuma bwanji? Mukuwazuza madala kwabasi. Anthu opanda chisoni inu
Bulutu iwe and its very clear from this comment, unfortunately there is no cure for idiots in this life
Who should go first? Lecture me Mfoloma mwale (Foloma Mwale)😂
They don’t retire either, just like Goodall Gondwe
Holiday sichinthu chokakamizana. U can work non stop for 20 yrs….umenewu simulandu.
Don’t worry all, this old thick fool is leaving office next week and will be replaced by a smart and capable government.
Next week you will delete your Post, mark my words
Tiyeni nawoni amenewa, they must know their evil will not work, uuuughhhh not this time around
munthu akamafa mumayamba nkhutu kugontha uyu munthalika wakalamba kufuna kulamulira sititelo man iwe 80 kumauza munthu wa 65 kuti akapume nde chani chimenecho iyeyo munthalika ukapume choka
Abale they’ve tried 😓
Komatu nditi imediate effect apa showa
Alomwe anthu opanda nzeru zowona kutizolowela mpaka size imeneyi??? No no no. We need to correct all this shit. Tiwayike malo awo oyenelela.